Florida Statutes
Fla. Stat. § 631.152 (2025)
Conduct of delinquency proceeding; foreign insurers.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
631.152 Conduct of delinquency proceeding; foreign insurers.—
(1) Whenever under this chapter an ancillary receiver is to be appointed in a delinquency proceeding for an insurer not domiciled in this state, the court shall appoint the department as ancillary receiver. The department shall file a petition requesting the appointment on the grounds set forth in s. 631.091:
(a) If it finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver;
(b) If 10 or more persons resident in this state having claims against such insurer file a petition with the department or office requesting the appointment of such ancillary receiver; or
(c) If it finds it is necessary to obtain records to adjudicate the covered claims of Florida policyholders.
(2) The domiciliary receiver for the purpose of liquidating an insurer domiciled in a reciprocal state shall be vested by operation of law with the title to all of the property (except statutory deposits, special statutory deposits, and property located in this state subject to a security interest), contracts, and rights of action, and all of the books and records of the insurer located in this state, and it shall have the immediate right to recover balances due from local agents and to obtain possession of any books and records of the insurer found in this state. It shall also be entitled to recover the property subject to a security interest, statutory deposits, and special statutory deposits of the insurer located in this state, except that upon the appointment of an ancillary receiver in this state, the ancillary receiver shall during the ancillary receivership proceeding have the sole right to recover such other assets. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceeding in this state, and shall pay the necessary expenses of the proceeding. It shall promptly transfer all remaining assets to the domiciliary receiver. Subject to the foregoing provisions, the ancillary receiver and its agents shall have the same powers and be subject to the same duties with respect to the administration of such assets as a receiver of an insurer domiciled in this state.
(3) The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this state to recover any assets of such insurer to which it may be entitled under the laws of this state.
(4) Section 631.141(10)(b) applies to ancillary delinquency proceedings opened for the purpose of obtaining records necessary to adjudicate the covered claims of Florida policyholders.
History.—s. 731, ch. 59-205; ss. 13, 35, ch. 69-106; s. 809(1st), ch. 82-243; ss. 86, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1346, ch. 2003-261; s. 5, ch. 2011-226; s. 79, ch. 2016-10; s. 6, ch. 2017-143; s. 73, ch. 2023-144.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1981–2025 · leading case: Hobbs v. Don Mealey Chevrolet, Inc., 642 So. 2d 1149 (Fla. 5th DCA 1994).
Hobbs v. Don Mealey Chevrolet, Inc., 642 So. 2d 1149 (Fla. 5th DCA 1994). “1st DCA 1992) (considering preclusive effects of §§ 631.152 .154, Fla. Stat. (1991)).”
Nova Ins. Grp. v. Dept. of Ins., 606 So. 2d 429 (Fla. 1st DCA 1992). “" § 631.152(2), Fla. Stat. See also, Florida Ins.”
FLORIDA INS. Guar. ASSOC., INC. v. State Ex Rel. Dep't of Ins., 400 So. 2d 813 (Fla. 1st DCA 1981). “Section 631.152, subsection (1), pertaining to ancillary receivership of foreign insurers, contains the directive that "[T]he department shall file a petition requesting the appointment on the grounds set forth in s.”
Corcoran v. State ex rel. Dep't of Ins., 502 So. 2d 966 (Fla. 1st DCA 1987). “In these consolidated appeals we affirm the decisions of the trial court, authorizing payment of claims handling expenses of Florida Insurance Guaranty Association as “necessary expenses of the proceeding” pursuant to section 631.152, Florida Statutes (1977 and 1979).”
In the Matter of the Liquidation of Scottish RE (U.S.) Inc. (Del. Ch. 2025). “§ Fla. Stat. § 631.152 (1)(c), (4) (no DUILA against foreign 20-625 analog) insurers Ark.”
— 631.152(2) — 1 case
Nova Ins. Grp. v. Dept. of Ins., 606 So. 2d 429 (Fla. 1st DCA 1992). “" § 631.152(2), Fla. Stat. See also, Florida Ins.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.